Political goings on in and around Berks County, PA. This blog is not affiliated with the Democratic Party. All rights reserved.
The views expressed here are opinions and the site owner is not responsible for the opinions written by contributors or commenters.

December 01, 2007

Tom Herman has scheduled a meeting of his kangaroo court for this afternoon to hear his charges against me. The fact he has already suspended me as an elected official makes this and all other actions moot since he's already violated my rights with absolutely no legal basis for so doing.

I was elected by the Democrats of Ruscombmanor Township to represent them at the Party, not the other way around. This represents a fundamental flaw in Mr. Herman's thinking. He and others think we're the tools of the County Committee and, as such, must do their bidding. No, we are not. As elected officials we serve on the County Committee to represent our areas of the county.

I was sent notification of this hearing by Stratton Marmarou, the Chair, without any notice of who else was sitting on the Committee. That was a clear violation of my right to due process. Keeping secret the size and nature of this body made it a star chamber. My lawyer called the office this week to inquire as to its composition and learned that, in addition to Stratton, a Caltagirone crony, it includes Peter Munsing and Dr. Michelle Ramsey. Munsing was one of those very vocal against me at the August County Committee meeting. Tom Herman has stacked his kangaroo court against me. What else is new, this is how he operates.

My lawyer, Paul A. Rossi, of Mountville (Lancaster County) will attend the hearing this afternoon. This will be interesting.

Update: I got a call from my lawyer after the two hour session and he seemed to have thoroughly enjoyed himself. Aside from that I cannot comment aside from the shocking fact that Mr. Herman and others continue to maintain that Judge Jeffrey Schmehl is a Democrat. Perhaps they should ask him, as I did. They could also simply check the voter registration database, as I did. Are they really this stupid????

November 29, 2007

The FBI arrested a Penn student today for setting up a denial of service attack on an engineering department computer using botnets. Ryan Goldstein of Ambler has been charged with crimes related to misuse of computers. The FBI and Department of Homeland Security take a very dim view of people using the internet to hack into other computers, especially if they're government (i.e. County), and assume many of these offenders are doing so to hide terrorist intent.

In this case Goldstein was upset because a chat site banned him for offensive conduct. He was retaliating against them and now is facing serious criminal charges. Computer crime is now a serious issue which is investigated by the FBI and DHS quite vigorously in light of the potential for terrorist related activity.

One Nasty Beast is now claiming to be hacking into the County computer system to mask their real identity. If so they should be very worried. Very worried. I suspect this vile commenter is simply blowing smoke but the fact they have admitted intentionally falsifying their internet identity is forcing me to contact the appropriate authorities since this would be a serious crime.

I see where the Board of Elections met once again without good public notice. The County website says they meet on Thursdays, "as needed." This isn't sufficient legal notice to citizens. The Reading Eagle publishes a list of all public meetings every Monday. I maintain that if the Board of Elections cannot list its meetings there they aren't legal. As such someone should challenge the official results approved at yesterday's secret meeting. Frankly, I'm fed up with seeing this happen time and time again.

The Eagle also reported that Judge Stallone has frozen the District Attorney's fund at the Berks County Community Foundation pending the lawsuit filed by Mayor McMahon. This was probably the single biggest factor the public had in voting Mark Baldwin out of office. Most voters weren't ware of the myriad of other issues involved but they understood this. Kudos to Dan Kelly of The Eagle for his excellent reportage.

On the other hand the newspaper keeps reporting on Wes Snyder's pyramid scam and its collapse without disclosing the fact some of their employees were victims. Ethics require them, IMHO, to do this every time they report or opine on the story. Readers need to know that Eagle people have a vested interest in seeing justice served.

Tom Herman's kangaroo court is scheduled to meet Saturday to discuss my suspension. Stratton Marmarou, a Caltagirone crony, is the Chair. For some reason they seem to think I would dignify their illegal actions against me by appearing. They even violated my due process rights by not disclosing the members of the body sitting in judgment. That makes this more of a star chamber actually than simply a kangaroo court. I've also heard that Tom Herman left a very vile and threatening message for another Committee person on their answering machine. It's a disgrace to see what's become of the Berks County Democratic Committee under his leadership. I hate to say "I told you so" but I did.

I had a meeting with my lawyer (Paul Rossi of Mountville) last evening (which is why I missed
the debate) to discuss my impending lawsuit against the Democratic
Party. I chose to support a candidate in a contested Democratic
primary in opposition to the man, Traitor Tom Caltagirone, who still
runs our County Committee. He is now trying to expel me for that
action even though we do not endorse in contested primaries.
Regardless of that he has no right to attempt to suppress my free
speech rights as a citizen, a Committee person or as a blogger to
express my support for his opponent in a Party primary.

As an elected Committee man for my township I was elected by my
fellow Democrats to represent them on our Berks County Democratic
Committee. As such my obligation is to them, not the Party or the
candidates, to do what is best for them and all Democrats. If our
Committee refuses to follow its by laws, something we are legally
required to do, and I point this out, they cannot take illegal actions
against me for so doing.

Their third course of action against me is a claim that I'm using a name for my local blog
which infringes on their name. They forgot they chose not to buy these
names I own and allowed them to remain available in the public domain.
They also neglected to allow for the fact my local blog has a clearly
defined disclaimer on its masthead.

As such I am suing my County Committee for suspending me as a duly
elected Committee person and infringing upon my right to free speech.
I will also sue them for refusing to follow our by laws, an illegal
act. Our by laws do not allow our Chair, Tom Herman, to engage in any
of the actions he has taken against me. Because he is citing expert
legal advice provided to him by the Pennsylvania Democratic Party they
will also be a defendant.

I have been asking for help with my legal expenses through the tip
jars on my blogs. I thank everyone who has contributed and I have
opened a separate bank account for these funds. So far about $250 has
been donated. Thanks to all. More will be needed thought o insure
that all Democrats are free to support whomever they want in a primary
election. The Democratic Party cannot order you to support one
candidate over another or take action to prevent you from expressing
that support.

Essentially the Party is telling me I cannot criticize any Democrat
without facing such extralegal actions against me. This would have a
chilling effect on all bloggers and is something we cannot allow to
proceed. I am faced with a decision: what is more important, being a
blogger or being a Committee person. I am choosing to be a blogger.
It's an easy choice. This is what I do and the Party has no right to
demand I not do it in any way I please.

Therefore I am not challenging the actions being taken against me.
Allow them to do what they please. It is already taking its toll
because now I am a much more independent blogger than before. Instead
of passing over news derogatory toward Democrats I am embracing those
stories and writing about them. If I'm researching wrongdoing Party
lines will have no effect on my reporting. Do not expect to get
favorable coverage simply on the basis of your Party affiliation any
longer. I alone will decide who I will support and cover on my blogs.

These are the unintended consequences of the Berks County and
Pennsylvania Democratic Party's actions. I am proceeding with
litigation against them to ensure that legal precedent is established
protecting other citizens, bloggers and Committee people from future
such harassment. I ask for you help. The tip jars here and at Berks
Democrats are connected with PayPal. If you are uncomfortable dealing
with PayPal you can email me for my home address. Links for both are
at the top of the sidebars.

November 27, 2007

Talking Points Memo is reporting that Rudy Giuliani embraced convicted political felon Bob Asher at a recent event. Asher hosted the event to raise money for the former New York Mayor's campaign. Is there no one Rudy won't pander to or exploit in his bid for the White House? Is anyone counting how many convicted felons and indicted friends and campaign heads Giuliani has embraced, both literally and figuratively?

This says much about the type of president he would be if these are the people he surrounds himself with regularly. That scares me.

Wesley Snyder, the owner of Personal Financial Management who conned over 800 mortgagees of $40 million, failed to appear at a bankruptcy hearing today. The feds said he will plead guilty to a charge of fraud tomorrow. Snyder's firm ran a pyramid scheme and it's now creating serious problems for homeowners who never, it seemed, read the mortgage documents they signed, others whom were simply robbed, and others who bought into a flawed investment scheme.

What bothers me about this deal is the way all these people, seemingly intelligent folks, thought that borrowing more money got them a lower interest rate. Finance doesn't work that way. If you borrow 50% more than you need your rate goes UP, not down. That's because there's increased risk for the bank. The Snyder scheme defied logic but no one thought of that in their dealings with him. Now the company is closed, people have lost their jobs and many others are in danger of losing their homes in a bad local real estate market.

No wonder Snyder decided not to appear at today's hearing (I'm sure his lawyer was so he didn't need to) for fear he'd be strung up.

November 19, 2007

The three Allentown men who came to Kutztown and allegedly brutally beat and murdered Kyle Quinn outside the former location of the Kutztown Area Democratic Club will go to trial after a preliminary hearing today. The charges include first degree murder but DA Mark Baldwin has not decided whether to seek the death penalty.

November 16, 2007

State Senator Michael O'Pake has introduced a good plan for eliminating school property taxes
in Pennsylvania. Unlike Republican plans, especially that of Sam
Rohrer, which shift the financial burden to those most unable to afford
it, O'Pake proposes a graduated, progressive income tax. Pennsylvania
is one of only eight states which don't tax the wealthy and rich more
than the poor and the middle class.

The only reforms available for property tax relief involve shifting
the tax burden. Schools cost money and as energy costs, salaries and
other expenses rise so do taxes. Homeowners shouldn't face the burden
of paying for their homes even after paying for their homes. Senior
citizens who spent their lifetimes buying their abodes should be safe
and secure in them for as long as possible without the fear of losing
them to sheriffs sales. This should also go for county property taxes.

While we're at it why don't we solve both problems at once? The new
law would require a constitutional amendment because Pennsylvania's
document says every tax must be levied equitably on all citizens.
Unfortunately constitutional amendments take time. They must be passed
by successive sessions of the House and Senate (that means two
different election classes so this current crop and the one after next
fall's election) then face a voter referendum.

That means we're looking, at least, three years down the road.
Considering how long property tax reform has been an issue, it's almost
here.

The differing plans being offered differ in a very fundamental
aspect. Sam Rohrer's plan calls for the tax burden to be shifted to a
significantly increased sales tax. Sales taxes are regressive taxes
because they affect the poor much greater than the rich. Graduated
income taxes are progressive in nature because, instead of hitting
those least able to afford them, they hit the rich and wealthy.

O'Pake's plan would increase the tax rate beginning at
$100,000/year. No one with income below that would see an increase
from the current rate. After $100,000 every additional $50,000 in
income would increase the rate by 1/2 point. The rate maxes out at
6.57% at an income of $400,000. The new income tax would generate
enough money, along with slots gaming revenues, to cover the amount of
funds raised by school property taxes.

O'Pake's bill would also legislate that school districts could not reimpose property taxes.

Update: I had a call in to Sen. O'Pakes' office with a few
questions. First, the income tax only applies to earned income and
secondly the constitutional amendment process can be shortened by a two
thirds vote of both chambers. That would hasten the implementation of
the reform. Details are provided on his Senate website through the
above link.

November 15, 2007

Many people have asked how they can support me in the current disagreement between me and the Caltagirone/Herman mess. Because I chose to support Mike Morrill in the 127th House District primary they are trying to expel me from the County Committee. Since this is a primary battle the Committee, legally, is acting as an agent of the state and its actions violate my civil rights. As such I have retained a lawyer to pursue and protect my interests.

Paul A. Rossi of Mountville, Lancaster County, is an experienced civil rights attorney with experience in just this sort of case. Though his legal fees ($350/hour) will wind up being paid for by the County Committee, I must expend funds for expenses. That will require funds I don't have. I am asking for assistance with these expenses and anyone interested in helping to cover these can contribute using the Tip Jar on either of my blogs. There are links for this at the tops of the sidebars (those columns on the side of the blog).

I'm taking legal action for several reasons. It's vitally important that the County Committee be forced to follow and obey its by laws. Nothing in the by laws allows the Chair to remove an elected official from their position. Nothing. Tom Herman has done so anyway, citing invisible, non existent "inherent" powers. BS. We must establish that no such power exists and cannot be created on someone's whim. What else could the Chair decide they have power to do?

Also, blogger's freedom to write their opinions and commentary are at risk here. I am being attacked because I dared criticize Tom Caltagirone. Mr. Herman enumerated this quite clearly and conveniently put it all in writing. I'm allowed to do this in a primary election. I have clearly stated my support for Mike Morrill in this race. They cannot be allowed to have the power to dismiss a Committee person because that someone supported another Democrat. This is an important legal point to establish.

Thirdly, the Chair is refusing to go through the Executive Committee and/or the Committee as a Whole in this matter. He is ignoring the by laws, once again, and forging ahead on his own. He has organized a Judiciary Committee and is convening a kangaroo court to render judgment on whomever he deems is a "bad Democrat." Interestingly he has targeted two disabled people. I have to wonder what that says about the Berks County Democratic Party.

He has not targeted the two Committee people whom I disclosed, through public records, as having given hundreds of dollars to Republican candidates running against Democrats. Interestingly, that is actionable under the by laws, and, seeing as the offenses were general election related, they are legally allowed to expel.

This is a personal vendetta by Tom Herman against me. It's an effort by Tom Caltagirone to silence, bully, and intimidate me to warn others from opposing his re-election. All the more reason for everyone to realize that it's time for Tom to go. More and more people are coming to that realization.

There are important first amendment issues at risk here and the right of elected officials not to be removed capriciously and arbitrarily. Because my personal funds are extremely limited I must ask for contributions. They will be gratefully received and used for filing fees, service, copying and depositions.